Technical Guidance
Subject:
The Landfilling of Asbestos Waste
Key Words:
Asbestos
Landfill
Waste
Hazardous
Responsibility:
The Office of Licensing and Guidance
The Office of Environmental Enforcement
Landfill Operators
Status of Document:
Operational, December 2006
Authority for Document:
Article 48(1) of the Waste Management
(Licensing) Regulations, 2004
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Introduction
Council Decision 2003/33/EC establishes criteria and procedures for the acceptance of granular
waste at landfills pursuant to Article 16 and Annex II of the Directive 1999/31/EC on the landfill of
waste.
The recent implementation of Section 2 of Council Decision 2003/33/EC on establishing criteria and
procedures for the acceptance of waste at landfills has permitted (from 16 th July 2005) the
landfilling of suitable asbestos waste, a hazardous material, in non-hazardous landfills (but only if
the cell is sufficiently self-contained). However, no limits are specified regarding the amount of this
waste type that can be deposited.
Article 48(1) of the Waste Management (Licensing) Regulations 2004 require the classification of all
landfill facilities. It is therefore necessary to articulate how much suitable hazardous waste can be
deposited in a non-hazardous landfill before its designation has to be altered. There are also EIA
implications that need to be considered in relation to the acceptance of hazardous waste at a nonhazardous landfill. This document sets out a discussion basis and guidance in relation to the
classification of landfills accepting asbestos waste.
Asbestos
Asbestos is a term used to describe a number of naturally occurring fibrous silicate minerals. There
are three main types of asbestos; chrysolite (white asbestos), amosite (brown asbestos) and
crocidolite (blue asbestos). Asbestos is known for its unique properties of being resistant to
abrasion, inert to acid and alkaline solutions and stable at high temperatures and because of these
attributes it was used widely in construction and industry. Most common applications include
moulded thermal lagging around pipes and boilers, sprayed asbestos fire protection, insulation
panels and ducts as well as cement bonded asbestos used as roofing and gutters.
The proportion of asbestos in construction materials can vary hugely between products. Asbestos
insulation and lagging can contain up to 85% asbestos. Asbestos cement, depending on its use,
can contain anything from 20-30% asbestos for roofing to 50% asbestos for products used near
heat sources such as fireplaces (from ‘Guidance for Controlling Asbestos-Containing Materials in
Buildings’ US, EPA). Construction Material Containing Asbestos (CMCA) is classified as hazardous
waste under European waste legislation, and a specific EWC code applies (EWC 17-06-05).
Landfilling Rules
At the moment there is no approved hazardous waste landfill in the State. However, certain
hazardous waste is suitable for disposal in non-hazardous landfills: so called stable non-reactive
hazardous waste (SNRHW). Article 6(c)(iii) of Council Directive 1999/31/EC on the landfill of waste
specifies those wastes which may be accepted in a non-hazardous landfill and allows for certain
hazardous wastes to be deposited provided they are stable and non-reactive.
(c) [a] landfill for non-hazardous waste may be used for:
(i) municipal waste;
(ii)
non-hazardous waste of any other origin, which fulfill the criteria for the
acceptance of waste at landfill for non hazardous waste set out in accordance
with Annex II;
(iii)
stable, non-reactive hazardous wastes (e.g. solidified, vitrified), with leaching
behaviour equivalent to those of the non-hazardous wastes referred to in point
(ii), which fulfil the relevant acceptance criteria set out in accordance with
Annex II. These hazardous wastes shall not be deposited in cells destined for
biodegradable non-hazardous waste,
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CMCA can be determined to meet the definition and criteria of a stable 1 non-reactive hazardous
waste suitable for disposal in a non-hazardous landfill provided it is landfilled in accordance with the
requirements of Section 2.3.3 of the Annex to the Council Decision, 2003/33/EC, on the criteria and
procedures for the acceptance of waste at landfills.
2.3.3
Asbestos waste
Construction materials containing asbestos and other suitable asbestos
waste may be landfilled at landfills for non-hazardous waste in accordance
with Article 6(c)(iii) of the Landfill Directive without testing. For landfills
receiving construction materials containing asbestos and other suitable
asbestos waste the following requirements must be fulfilled:
- the waste contains no other hazardous substances than bound
asbestos, including fibers bound by a binding agent or packed in
plastic,
- the landfill accepts only construction material containing asbestos
and other suitable asbestos waste. These wastes may also be
landfilled in a separate cell of a landfill for non-hazardous waste, if
the cell is sufficiently self-contained,
- in order to avoid dispersion of fibres, the zone of deposit is covered
daily and before each compacting operation with appropriate
material and, if the waste is not packed, it is regularly sprinkled,
- a final top cover is put on the landfill/cell in order to avoid the
dispersion of fibres,
- no works are carried out on the landfill/cell that could lead to a
release of fibres (e.g. drilling of holes),
- after closure a plan is kept of the location of the landfill/cell
indicating that asbestos wastes have been deposited,
- appropriate measures are taken to limit the possible uses of the
land after closure of the landfill in order to avoid human contact
with the waste.
For landfills receiving only construction material containing asbestos, the
requirements set out in Annex I, point 3.2 and 3.3 of the Landfill Directive
can be reduced, if the above requirements are fulfilled.
How Much Hazardous Waste Can Be Accepted At A Non-Hazardous Facility?
No limits are specified in the Directive regarding the amount of stable non-reactive hazardous
waste that can be accepted at a non-hazardous facility.
Furthermore, both EU and National (Article 48, Waste Management (Licensing) Regulations, 2004)
legislation states that every landfill has to be classed as inert, hazardous or non-hazardous but no
guidance or threshold limits are given.
It is, therefore, necessary to determine what amount of stable non-reactive hazardous waste can
be deposited at a facility classified and designed as a non-hazardous facility before that
classification and design must be revised to a hazardous class facility. Of particular significance in
this need to determine a limit, is that hazardous waste, unlike other waste types, generally does
not degrade nor does the hazardous classification diminish when placed in a landfill. Such waste
will represent a perpetual risk, and consequently facilities will need active and sustained
management for the foreseeable future. This kind of a risk profile is not normally attached to a
conventional non-hazardous waste facility.
The term stable, does not mean that the waste is stabilized as provided in European Commission Decision (2001/118/EC)
amending Decision 2000/532/EC as regards the list of wastes. That defines stabilized wastes to be ones that have been
treated so that they are no longer hazardous (i.e., stabilized wastes have had the hazard removed, whereas, in stable
hazardous wastes the hazard is still present).
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It is also important to note the requirements of the Environmental Impact Assessment Regulations,
(1989 to 2001), Part I, Class 9 which states that “ A waste disposal installation for the incineration
or chemical treatment of hazardous waste, or the filling of land with such waste” is considered to
be a development for the purposes of these regulations. Council Decision of 23 July 2001
amending Commission Decision 2000/532/EC as regard the list of wastes (2001/573/EC) has
classified CMCA waste as a hazardous waste. This further reiterates the need for the establishment
of limits to ascertain how much stable non-reactive hazardous waste can be accepted at a nonhazardous landfill before it substantially alters the classification of that landfill and/or triggers the
requirement for an Environmental Impact Statement (EIS).
Having regard to the arguments advanced, and the hazardous classification of the material, the
view has been taken that where a non-hazardous landfill proposes to accept more than 10% (total
intake) or 50,000 tonnes (whichever is the least) of stable non-reactive hazardous waste its
classification will change to hazardous - if not for the entire landfill but at the very least for the cell
containing the hazardous waste. Moreover, the Local Authority in whose functional area the facility
is situated should be made aware of the requirements of the Environmental Impact Assessment
Regulations, (1989 to 2001), Part I, Class 9.
The reasoning for these particular limits is that the specific engineering requirements of a separate
cell for 50,000 tonnes of hazardous waste would be economically and technically feasible. The
10% is based on the view that from an operational control perspective any waste stream
contributing >10% intake is significant with respect to the classification and risk profile of a site.
Additional Matters
A facility that accepts SNRHW is unlikely to be in a position to surrender its licence - as the
hazardous waste, as cited above, will represent a perpetual risk. Consequently, there is a need for
sustained institutional control to ensure the deposited waste remains undisturbed. The financing of
such aftercare must be facilitated into the costing structure for the site.
Additionally, and as stated earlier the environmental risk profile for the site changes when
hazardous waste is deposited. This will influence the indemnities required for both accidental and
planned liabilities.
Comments and Feedback
Comments and feedback are welcome on these guidelines and should be addressed to Dr. Karen
Creed, Office of Licensing and Guidance, P.O. Box 3000, Environmental Protection Agency,
Johnstown Castle Estate, Wexford.
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